Karnataka High Court

WP/28331/2026 of SMT. RATHNAMMA Vs SRI. RAMESHA on 9 September 2026

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CNR: KAHC010620002026 NC: 2026:KHC:49171 WP No. 28331 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28331 OF 2026 (GM-CPC) BETWEEN: 1. SMT. RATHNAMMA W/O JANARDHANA SETTY, AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 28331 OF 2026 (GM-CPC)

BETWEEN:

1.

SMT. RATHNAMMA

W/O JANARDHANA SETTY,

AGED ABOUT 56 YEARS,

R/AT ALDUR HOSAHALLI VILLAGE,

ALDUR POST, CHIKKAMAGALURU TALUK,

PIN 577101.

…PETITIONER

(BY SRI JAGADEESH D. C., ADVOCATE)

AND:

1.

SRI. RAMESHA

S/O SIDDAPPA SETTY,

AGED ABOUT 52 YEARS,

R/AT ALDUR HOSAHALLI VILLAGE,

ALDUR POST, CHIKKAMAGALURU TALUK,

PIN 577101.

…RESPONDENT

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO DIRECTING THE

TRIAL COURT TO CONSIDER AND DISPOSE OFF THE IA NO. 1

FILED UNDER ORDER 39 RULE 1 AND 2 CPC VIDE ANNEXURE

A-1, EXPEDITIOUSLY IN O.S NO.410/2026 IN ACCORDANCE

WITH LAW.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

The limited grievance in the present writ petition is the non-consideration of I.A. No.1 filed under Order XXXIX Rules 1 and 2 of the CPC, seeking an order of temporary injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property.

2. It is submitted that though the trial Court issued notice on the application, returnable by 28.08.2026, on the said date, further time was granted to the defendants for filing their objections. It is further submitted that the non-consideration of I.A. No.1 has caused irreparable damage to the suit schedule property.

3. I have considered the submissions made by the learned counsel for the petitioner.

4. Upon the appearance of both parties and their availability before the trial Court, the trial Court is directed to consider and

HC-KAR

pass necessary orders on I.A. No.1 within two weeks from the date of placing a copy of this order on record. For the said purpose, the petitioner is permitted to seek advancement of the suit.

5. With the above direction, the writ petition stands disposed of.

Sd/- (K. V. ARAVIND) JUDGE

VP List No.: 1 Sl No.: 38

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